Equal asset sharing in divorce

Moshe Bar Shilton: Equal asset sharing in divorce

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The classic story of the world of marriage is still relevant to most of us. However, and unfortunately, a significant proportion of these couples will find themselves eventually dancing on the rabbinical steps and divorce. 

According to family law attorney Moshe Bar Shilton, the statistics in Israel show a negative curve in the percentage of couples who remain married for more than ten years, that is, the numbers are declining, and probably one in three couples will eventually divorce.

The issue of money and property in divorce, is probably considered an issue around which most of the controversy revolves at the time of divorce. In principle, the Israel "Financial Relations Act" stipulates that the property accrued during the marriage will be divided equally between the two spouses (unless it is external assets, but we will not go into that now).

However, section 8 of the Financial Relations Act allows for a deviation of the distribution of assets equally in certain circumstances. For example, the court may take into account the earning capacity of one spouse and the loss of earning capacity of the other spouse: if a wife devoted herself to raising children, while her husband developed a career and the like, it would be fair for the husband to compensate his wife for allowing him to develop his career. Time, while she sacrificed and did not develop professionally.

Equal asset sharing in divorce

However, the wage gap between the spouses is just one of a lists of issues in which there is a difference in principle, and disputes between the two main bodies in the field of divorce in Israel: the rabbinical courts and the family court. The issue of career assets is interpreted differently between the different legal systems. The problem is that these differences sometimes cause the parties to rush to file for divorce in a particular court, because he believes he will get a better judgment in it, just to get ahead of the other party: the property issue in divorce is adjudicated at first instance while acquiring jurisdiction. Therefore, parties sometimes rush to divorce just to choose for themselves the law that will be better with them, instead of trying and still avoiding divorce.

6 מחשבות על “Moshe Bar Shilton: Equal asset sharing in divorce”

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